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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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I am being targeted at my job because of another employee

Customer Question

I am being targeted at my job because of another employee who has a big influence on my supervisor I work hard but no matter what I do right or wrong he has something negative to say about it now he want to move me or fire me
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties.

What is your specific question?

Thank you for your cooperation.

Customer: replied 1 year ago.
what can I do about this situation what should I do about it I am being discriminated against and retaliated against for talking to HR and now hes making up things to try to move or fire me when I in my opinion work the hardest
Customer: replied 1 year ago.
are you going to answer
Expert:  Phillips Esq. replied 1 year ago.

Hello: Yes, I am going to answer. When you replied I was helping someone else in front of you.

I am now reviewing the additional information that you provided and will respond to it very shortly.

Expert:  Phillips Esq. replied 1 year ago.

You said you are being discriminated and retaliated against, are you being discriminated against because of your race, gender, age (40 and over), national origin or the like?

How many employees does your employer have?

Customer: replied 1 year ago.
about 300 im being treated unfair compaired to the other employee I need help
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information. However, you did not answer one of the questions:

You said you are being discriminated and retaliated against, are you being discriminated against because of your race, gender, age (40 and over), national origin or the like?

Customer: replied 1 year ago.
there is nothing wrong with the way I work im constantly working going that extra mile but the appreciate it I am a diabetic I have a slipped disk in my back I have to take shots I stand all day for them the doctor put me on 40 hours and he makes me come in any way 50 plus hours
Customer: replied 1 year ago.
maybe age I don't know I just know that he treats the other employees better then me and all I do is work for him and he tells me its because I don't want to work all the over time he want me to go against my doctors orders
Customer: replied 1 year ago.
one of my other co workers has diabetes also and if he lay out of work because of it then its ok nothing is said about it but if I do it then the next day I get the cold shoulder no one talks to me for a few days its not fair
Customer: replied 1 year ago.
are you there
Expert:  Phillips Esq. replied 1 year ago.

I am here and Im in the middle of preparing my response to you. However, when you keep posting, it wipes out my texts. Please, do not post again until I am done with my response. Thank you.

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

You need to escalate the matter to the human resources department. However, if you are not discriminated against or retaliated against because of your age or disability or on any other prohibited grounds, you would not be able to file discrimination case with U.S. Equal Employment Opportunity Commission or its state counterpart. However, you can file lawsuit for Intentional Infliction of Emotional Distress if you can show that you have suffered severe emotional distress because of your treatment at the hands of your employer (your boss and/or other employees.) However, in order to prevail on a claim of Intentional Infliction of Emotional Distress, you need to show that (1) your co-worker acted intentionally or recklessly; (2) that co-worker's actions were extreme and outrageous;(3) that co-worker's actions were the cause (4) of your severe emotional distress, which would be evidenced by you going to doctors for medical treatment or seeking therapy. If you cannot prove all the four factors above, you would not prevail in your lawsuit for Intentional Infliction of Emotional Distress.

Customer: replied 1 year ago.
as of fact I texted my doctor just the other day to try and come in to be checked outwaiting to here back form that . but tell me can he make me work if the doctor told me not to
Expert:  Phillips Esq. replied 1 year ago.

No.

Customer: replied 1 year ago.
can you tell me more on that because yesterday he told me that that's when the problem started when the doctor told me to work only 40 hours but I did try working a half day on Saturday for him and he wasnt satisfied until he had me working more he gets angry when I tell him my back hurts or my diabetes is out of wack what can I do
Expert:  Phillips Esq. replied 1 year ago.

You need to formally request for reasonable accommodation because of your medical condition. If your request is approved, then you can work less hours and strictly follow your doctor's restrictions. However, your employer can refuse to grant your request if doing so would cause undue hardship to the employer. If your request is denied, you may then consider asking for leave of absence or FMLA to de-stress from the stressful situation.

Expert:  Phillips Esq. replied 1 year ago.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 1 year ago.
in writing or verbally and to whom HR also from listening to you it seem like this is a hopeless case but you would have to be in my shoes to see how these people are treating me it ridiculous I have so many people who can vouch for me they know who work and who doesn't this is very stressful to me very I stand all day while everyone else goes in his office and sit there with him talking on there phones and on the internet and no one say anything about it sometimes I have to go get them my self
Customer: replied 1 year ago.
I just asked u a question and you didn't answer
Expert:  Phillips Esq. replied 1 year ago.

I did not answer because I stepped away from my computer to attend to other things.

You need to make appointment to speak with your Human Resources Director.

Kindly give a positive rating to my response so that I can receive credit for responding to your numerous posts. That's the only way that I get paid for answering questions on this site.

Customer: replied 1 year ago.
I will definitely do that but is there a problem with me asking you questions I thought that's what I was paying for is there a limited on the questions I like your answers and are you charging me for every question
Expert:  Phillips Esq. replied 1 year ago.

I can't answer your questions indefinitely without you rating my previous response. In any event, I am signing off at this time. I have been on since 12 midnight. If you have further questions, another Attorney would be glad to take over from me.

Best wishes,

Customer: replied 1 year ago.
ok
Expert:  RobertJDFL replied 1 year ago.

Good morning, new expert here. Your previous expert had to leave.

I have read your questions and replies from the previous legal expert, and would say they answered the questions you asked very well and gave you very good suggestions about making sure to ask for reasonable accommodation from your employer and about a possible emotional distress claim. Was there some additional information about this matter you needed answered?